PJO 24-006 Pretrial Release (Am1) — physical PDF page 9
Presiding Judge Order 24-006 (Amendment 1) Page 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3) In Attachment 1, Step 2 includes a chart of overriding circumstances to be considered and if a defendant meets the criteria of the overriding circumstance, the action that should be taken regarding the release decision. (a) Overriding circumstances should not be used to move entire offenses to a new guideline category but may appl y to a narrower subset of factual circumstances that may constitute an offense. 4) In Attachment 1, Step 3 assesses enhanced conditions of release. These enhanced conditions of release shall be used if, after identifying the charge and release category it is determined th at there are overriding circumstances which require enhanced conditions of release. E) Warrants 1) The security amount on a Warrant is to be maintained and there are no releases on Warrants issued except as allowed herein. Cite and Releases are authorized only up to $20,000.00 security, and guidance further provided by Presiding Judge Policy Instruction (PJi). There is no authority whatsoever for law enforcement to Cite and Release any Warrant not so marked by the judge as a cite and release warrant. (a) Probation Warrants. On all other probation violation Warrants executed the State shall cause the defendant to be brought before the Court for appearance within 36 hours, exclusiv e of non-judicial days, as set forth in ORS 137.545(2) and 137.545(3), or will be conditionally released unless the State obtains an Order extending the time frame for good cause, or the defendant consents to the extension. (b) Arrest Warrants. On Arrest Warrants issued by a Judge pursuant to ORS 133.110, 135.035, or other authority for an Arrest Warrant, the State shall cause the defendant to be brought before the Court for appearance within 48 hours of custody, exclusive of non-judicial days, under ORS 133.245(7)(a), or will be conditiona lly released unless the State obtains an Order extending the time frame for good cause, but not longer than 5 days without consent of the defendant. 2) Violations of Protective Orders and Contempt matters are to be held until arraignment. 3) Probation Violations V) COLLATERAL ORDERS A) Court Release Assistance Officer (RAO) Duties. 1) In addition to the matters herein, RAO duties will be described by separate document. 2) The RAO will seek to prepare the courts form of Release Report for any Adult in Custody (AIC) pending new charges, pending a motion for release (often update the earlier report), or when advised by the Umatilla County Jail
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Publisher URL: https://www.courts.oregon.gov/rules/Documents/UMA_PJO_24-006 (Am1)_PretrialRelease.pdf.pdf